Resolution-PC 2010-051RESOLUTION NO. PC2010 -051
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A DETERMINING THAT A CLASS 1 CATEGORICAL
EXEMPTION IS THE APPROPRIATE. ENVIRONMENTAL DETERMINATION
AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3399,
AND AMENDING CONDITIONS OF APROVAL OF RESOLUTION NO. ZA91 -16
(DEV2010- 00068)
(6362 EAST SANTA ANA CANYON ROAD)
WHEREAS, on March 21, 1991, the Anaheim Zoning Administrator, by
Resolution No. ZA91 -16, did approve Conditional Use Permit No. 3399 to permit the sale and
on- premises consumption of alcoholic beverages in a proposed restaurant with a waiver of
minimum number of parking spaces, for that certain real property situated in the City of
Anaheim, County of Orange, State of California, as particularly shown on Exhibit "A attached
hereto and incorporated herein by this reference (the "subject property and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for an amendment to Conditional Use Permit No. 3399 to expand an existing restaurant
and upgrade the ABC license from a beer and wine license to distilled spirits (designated as
"Conditional Use Permit No. 3399A and
WHEREAS, the subject property is developed with a 67,145 square foot
neighborhood shopping center and is located in the General Commercial (C -G) zone, Scenic
Corridor (SC) Overlay. The Anaheim General Plan designates this property for General
Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 21, 2010, at 3:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the request for an amendment to the conditional use
permit, does find and determine the following facts:
1. The request to amend the permit for an existing restaurant is properly one for
which a conditional use permit is authorized under Code Section No. 18.08.030.010 (Alcoholic
Beverage Sales On Sale) of the Anaheim Municipal Code.
2. The operation of the restaurant, including the proposed expansion, will not
adversely affect the adjoining land uses or the growth and development of the area in which it is
proposed to be located, as conditioned herein.
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3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
as the operation of the restaurant is consistent with the operational characteristics of the shopping
center.
4. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the traffic
generated by this use will not exceed the volume of traffic planned for the streets and highways
in the area.
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the`citizens of the City of Anaheim because the use is a bonafide full service
restaurant with accessory alcoholic beverage sales and the restaurant is located within an existing
commercial building at the intersection of two arterial highways.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve an amendment to Conditional Use Permit No. 3399A as
requested by the applicant.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby amend and restate the conditions of approval adopted in connection with the Zoning
Administrator Resolution No. ZA91 -16, approving Conditional Use Permit No. 3399, to read as
stated in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions
are hereby found to be a necessary prerequisite to the proposed use of the subject property in
order to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions
of approval may be amended by the Planning Director upon a showing of good cause provided
(i) equivalent timing is established that satisfies the original intent and purpose of the condition
(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. ZA91 -16, approving Conditional Use Permit No. 3399, shall
remain if full force and effect.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
2 PC2010 -051
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTIQN was adopted at the Tanning Commission
meeting of June 21, 2010.
A !EST:
i�L�7i7iGfl� E
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
C/i
CHAIRMA ANAHEIM IT PLANNING COMMISSION
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on June 21, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of June, 2010.
/Z
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -051
APN:
356- 211 -09
356 211 -10
356 191 -32
356-191-37
t,._
EXHIBIT "A"
DEV2010 -00068
4
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is two to five feet.
10967
PC2010 -051
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 3399A
(DEV2010- 00068)
NO. CONDITIONS OF APPROVAL
PRIOR TO ISSUANCE OF BUILDING PERMIT
1 Subject property shall be developed and maintained
substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and
which plans are on file with the Planning Department
marked Exhibit Nos.1 (Site Plan) and 2 (Floor Plan), and
as conditioned herein.
GENERAL
REVIEW SIGNED
BY OFF BY
Planning
2 At all times when the premises is open for business, the Planning
premises shall be maintained as a bona fide restaurant and
shall provide a menu containing an assortment of foods
normally offered in such restaurant.
3 Subject alcoholic beverage license shall not be exchanged Police
for a public premises (bar) type license nor shall the
establishment be operated as a public premise as defined in
Section 23039 of the California Business and Professions
Code.
4 The gross sales of alcoholic beverages shall not exceed Planning
40% of gross sales of all retail sales during any three (3)
month period. The applicant shall maintain records on a
quarterly basis indicating the separate amounts of sales of
alcohol and other items. These records shall be made
available for inspection by any City of Anaheim official
during reasonable business hours.
5 There shall be no exterior advertising of any kind or type, Police
including advertising directed to the exterior from within.
promoting or indicating the availability of alcoholic
beverages.
6 The property shall be permanently maintained in an orderly Code
fashion by providing regular landscape maintenance, Enforcement
removal of trash or debris, and removal of graffiti within
twenty -four (24) hours from time of occurrence.
7 Trash storage areas shall be provided and maintained in a Planning
location acceptable to the Public Works Department and in
accordance with approved plans on file with said
Department. Said storage areas shall be designed, located
and screened so as not to be readily identifiable from
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NO. CONDITIONS OF APPROVAL
adjacent streets. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant
materials such as minimum one gallon size clinging vines
planted on maximum three -foot centers or tall shrubbery.
8 Adequate lighting of parking lots, driveway, circulation
areas, aisles, passageways, recesses and grounds
contiguous to buildings shall be provided with lighting of
sufficient wattage to provide adequate illumination to
make clearly visible the presence of any person on or about
the premises during the hours of darkness and provide a
safe, secure environment for all persons, property, and
vehicles on -site. Said lighting shall be decorative and
complementary to the architecture of the building. Said
information shall be specifically shown on plans submitted
for Police Department, Community Services Division
approval.
Police
9 The sale of alcoholic beverages for consumption off the Police
premises shall be prohibited.
10 There shall be no admission fee, cover charge, nor Police
minimum purchase required.
11 There shall be no entertainment, amplified music, or Police
dancing permitted on the premises at any time unless the
proper permits have been obtained from the City of
Anaheim.
12 The business shall not employ or permit any persons to
solicit or encourage others, directly or indirectly, to buy
them drinks in the licensed premises under any
commission, percentage, salary, or other profit sharing
plan, scheme or conspiracy
14 Any permitted event or activity shall not create sound
levels, which violate any ordinance of the City of Anaheim
as described in Section 4.16A00.010 of the Anaheim
Municipal Code.
REVIEW SIGNED
BY OFF BY
Police
13 There shall be no amusement machines, video game Code
devices, or pool tables maintained upon the premises Enforcement
without issuance of proper permits as required by the
Anaheim Municipal Code.
Police
15 The activities occurring in connection with the operation of Police
this establishment shall not cause noise disturbance to
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NO. CONDITIONS OF APPROVAL
surrounding properties.
16 There shall be no requirement to purchase a minimum
number of drinks.
REVIEW SIGNED
BY OFF BY
Police
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